Why Are There 12 People on a Jury?
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- Опубліковано 18 лют 2020
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When picturing a jury, you probably imagine 12 people - no more, no less. But did you know there is no hard and fast rule about how many members are required on a jury? Today, Danielle looks at the differences between petit and grand juries and the historical accidents that have lead many to believe that juries MUST have twelve members.
Special thanks to our Historian Harry Brisson on Patreon! Join them at / originofeverything
Created and Hosted by Danielle Bainbridge
Produced by Complexly for PBS Digital Studios
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Origin of Everything is a show about the undertold histories and cultural dialogues that make up our collective story. From the food we eat, to the trivia and fun facts we can’t seem to get out of our heads, to the social issues we can’t stop debating, everything around us has a history. Origin of Everything is here to explore it all. We like to think that no topic is too small or too challenging to get started.
Works Cited:
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www.washingtonpost.com/news/v...
lifehacker.com/the-most-commo...
www.thoughtco.com/can-nonregi...
en.m.wikipedia.org/wiki/Taylo...
www.insidescience.org/news/ma...
www.uscourts.gov/services-for...
www.nytimes.com/1995/06/11/we...
law2.umkc.edu/faculty/projects...
www.opb.org/news/article/supr...
www.nola.com/news/crime_polic...
constitutioncenter.org/blog/r...
www.nola.com/news/courts/arti...
www.motherjones.com/politics/...
law.jrank.org/pages/1434/Jury...
daily.jstor.org/trial-by-comb...
www.bbc.com/news/uk-45799443
www.bbc.co.uk/history/british...
en.wikipedia.org/wiki/Collate...
www.uniformlaws.org/ActSummary...
apnews.com/50fb651b7fb8422188...
www.oyez.org/cases/1969/927
Thomas Aiello (2015) Jim Crow’s Last Stand: The non-unanimous jury verdict in the state of Louisiana
Lawrence Rosen (2006) Law as Culture
Karen E Hayden (2019) Society & Law
The ability to present an enormous amount of information rapidly, but also clearly - and personably - is quite an art. That means that you are one of the deft masters! Well done AGAIN!
I served on a jury 5 years ago, was the youngest and only non white. The experience really opened my eyes to how how the law operates.
Oh really? And how operates the law?
@@fredphlogiston4620 Sometimes there is an alleged crime, and the evidence is not concrete, but a room full of tired people have to debate eachother and make a concrete decision. Sure there's evidence, for example you there is what an officer says, or some objects that hints towards a certain conclusion. At the end of the day, what the justice ended up being was the collective biases of everyone on the jury trying to make sense of the evidence.
I feel really sorry for the black Americans that get tried by all white juries.
Anyways my jury declared the guy innocent of DUI, decided the evidence had too much doubt. Personally I wanted him guilty but the decision had to be unanimous and at that point I stopped caring. INNOCENT.
@@ericcheese7594 Odd. It almost sounds like your scenario was the opposite of your earlier hypothetical. That you had a white defendant, and wanted to find him guilty to "balance the scales." Care to elaborate?
@@secularmonk5176 Don't worry, the defendant was an old rich looking white guy and much of the evidence came from the testimonies of cops. Since I had a dislike of both equally, that made me the most impartial juror possible.
That was a joke by the way. But also not really.
@@ericcheese7594 "Personally I wanted him guilty but the decision had to be unanimous and at that point I stopped caring. INNOCENT." you're such a great person on every level. Not a bit offended by life
A follow-up video on the broken nature of grand juries, and their relationship to prosecutors and law enforcement would be really neat. It's kinda nuts how what once was considered a protection against government oppression has turned into a rubber stamp for prosecution.
Yes! Absolutely spot on.
This is a great video suggestion!
My husband and I were called before a grand jury. The prosecutor and police were accusing an employee of my husband of murder. There was only the fact that the employee had just started his job that day and was in training with my husband when the crime occurred. The assumption became, not that the employee was innocent but that my husband was lying. We were persecuted by the police - to include being jailed overnight and having our home/office searched (while 5 police vehicles sat on the street outside our home) and his work van was taken. Would it surprise you to learn the employee was black?
@@TheSuzberry Not in the least.
@@TheSuzberry
Not surprised at all!! We KNOW the justice system is unbalanced for a reason!!💯
12 man juries were established in Islamic courts in the 8th century and this continued in the Kingdom of Sicily which adopted the Islamic Court system in the 12th where it came to Henry II of England through an envoy coming from Sicily. The Welsh system was evidently forgotten by then.
I don’t understand why we keep punishing people after they’ve served their sentence. Anything more is just a violation of the eighth amendment
Yeah, you are either rehabilitated or you are not.
@Good Puss 3000.
...And you are showing me this random video because...?
IIRC USA and UK are the exception there, in the western countries.
In my country even people in prison can still vote (usually by mail). The only way to not be able to vote is if you're mentally unable to want to vote in elections (e.g. developmentally stuck in early childhood, too brain damaged to function etc).
That's one thing I hate about this country everything written or said is hypocrisy or blatant lie
Don’t forget Sidney Lumet’s “12 Angry Men” of 1957. That’s how I learned about how the law works. [and, of course, Perry Mason] Accurate stuff, doc.
As always, I really enjoy your content...PLEASE, keep it coming.
Danielle this is so awesome !! We went to the same middle school/high school, and I'm so happy about all the amazing work you're sharing with others around the world, all my best !
GREAT JOB!! Love your tone and the information you shared!! Thank you!!💕💯
I want to remind you of a kind of prejudice against a group. I like many handicapped person have been systematically "excused" from jury duty without our consent. I have been told I am not permitted to serve on a federal jury for my lifetime.
Without your consent??? If we are excused from jury duty, no one is required to have our consent to do so. There are MANY different reasons one is not chosen for a jury. Can I ask what your handicap is? I know deaf or blind people cannot serve on a jury.
@@nikkib5753 Honeypot is most likely claiming disability based on him being a democrat.
Wow, it's been a minute since these old eyes enjoyed your noble continence on this platform, As always, bravo, well done!
hi
Such an intriguing video. Thanks for creating this.
When I served on a jury in 2012, we had 7 members. Not entirely sure why, but this got me thinking back to it.
Like the white wig. Which brings up the question. Why do English/Australian lawyers and judges wear those wigs?
Cant remember the source but many years ago I heard it was either because hair was in bad shape and the wigs were hairstyle "in fashion" or that due to persistence of lice, wigs were very popular
“... huh, never thought to ask that question. *click* “
I just came across this Channel and have been binge watching all of the content, you are absolutely amazing all of Ure videos are so detailed , engaging and so easy to digest . Thank u so much , this is such lovely space ❤️🙏🏽
Thank you for this!!
Thank you and PBS for continuing to make these fascinating videos. And also your outfit is pretty.
I’ve literally never wondered or cared about this but I literally couldn’t scroll past this video bec god forbid someone ever ask this near me and I can’t answer them #knowitall
Here in Brazil, juries have 7 jurors. I don't know if juries have appeared independently in Great Britain and in Portugal, but Brazilian juries use a system of ununanimous secret non-discussed voting. That was quite shocking for me to learn in law school after being acquainted to American juries in movies.
At least it’s not the number 13 right?! Right. Your Chanel is so great! You’re so funny too! Love your background too!
This was fantastic.
Her ring game is strong.
Btw, Love your channel! I watch it with my kids
Came on over from Eons. Subscribed lol
I live in the second largest court jurisdiction in the US, Harris Co. TX. We get called all the time, but they let us go, and you can take a commuter bus or the train or local bus if you flash your summons. We are called often, but usually dismissed. Every time I get paneled I hope to get in. One time I got struck from the panel by the defense because I was having a flirty discussion about Plato with the asst. DA during voir dire. We went from Socrates in the Phaedo to the Ring of Gyges argument in The Republic. Love was in the air, and the defense did not like that.
Only time I made the cut was for a celebrity trial. Defendant was a muni judge and city council candidate. We all wanted to acquit on the assault charge but we were all at least somewhat inclined to convict her on the theft charge. I tried to go all Twelve Angry Men on the other five. I had become foreman simply because I had the lowest number of those in the pool, and thus was marched by the bailiff at the front of the line through the underground tunnels with other panel members behind me.
What I learned from this trial is that you should never talk to the police. NEVER! I argued to acquit on the theft charge, but then the hardest leaning to convict jury member asked to bring in a taped conversation where the defendant pretty much confessed to knowing whose property she had taken and stated that she felt she deserved to used as she wished.
I voted to convict after that. But the main lesson here is never talk, no matter how smart you think you are. The defendant went to law school, passed the Texas bar, got appointed a muni judge, and still blew it.
A number of states and counties use licensed drivers as the basis for eligible jurors, which greatly increases the available pool of jurors and decreases the number of times a person is called for jury duty while living in a given locality, and/or the length of service as a juror when called. Most communities that use voter roles require a juror to serve one week or one trial, while those that use licensed drivers can go to one day or one trial, and also lengthen the time between calls for jury service for any given person.
You should do a video on the history of nursing please!!!
Thank you 😊
The question is where the jury system comes from, the respond is : from Islamic trial system, from the Malikit jurisprudence. it's call lafeef in Arabic.
The origin of the jury is from the city of Sicily from the Islamic era moved to Britain due to cultural friction at that time
I'm the only person in my family who isn't excluded for medical reasons. However, my mother is a nurse, so that's gotten me out of jury duty twice.
Is jury duty common in the US? I live in Canada, and I've only ever heard one friend I know talk about being on a jury.
They use juries for basically any crime and even for civil cases. Most jurisdictions in the world have jury restricted to some few kinds of criminal cases (usually only murder and the like). So it makes sense that Americans are required to serve jury a lot more often than people in other countries.
Cute dress Danielle!
I have served on several juries in the District of Columbia, some Federal and some local. In two cases, both civil rather than criminal, we were a group of seven.
No one I know uses the French pronunciation of "petit" to describe trial juries, We usually say the word to rhyme with "petty." That's unfortunate but what can we say.
I think you'll find Talmudic discussions of juries are older than those in Wales. I could be wrong on that but I seem to recall it from some looking around that I did in college in the 1960s.
ive always kinda wanted to serve on a jury. ive always thought itd be quite fun
Good video. I appreciate the way you stress that jury service is such an important check on government power and why its kind of fucked up to see jury duty assume the mantle of being some awful thing to be avoided if possible. I vividly remember the first time I got called up for jury duty after passing the BAR and how genuinely disappointed I was when I got around to reading the fine print on the back of the summons and reading that attorneys are ineligible to serve on a jury... But I gotta point out that your explanation of juries under English common law was incorrect. In England, suits at common law juries had not only the right and power to determine matters of fact in the case before them, but also the right and power to interpret the meaning of the law.
Maybe we have 12 from the Kemitic judgment scene
I have a permanent exemption from jury duty in NZ due to a kidney disease. My brothers have both served a couple of times.
"....the jury's still out..."
Hello Danielle Bainbridge, I miss your video's.
@1:05 it’s a petit jury, not a petite jury. It is pronounced like “pet it” and not like French-derived “petite”. en.m.wikipedia.org/wiki/Petit_jury
I know several white people; born and raised in Africa, who immigrated to the US; yet they are not considered "African American". Yet, black people who have never went to Africa are considered "African American". How does this work?
I will admit, that I have never served on a jury. Every time I've been summoned, there haven't been any trials on the week I was summoned for...
I think it would be an honor to be a jury member
Latinx? As a Latino, I'm not a fan of that word.
Danielle Bainbridge and Stephanie Officer have the same voice
Old testament Jacob had 12 sons which descendants had 12 tribes. Greek pantheon was 12. Also 12 signs of Zodiac.
There are certainly more than plenty of people of all major ethnic and racial groups who speak English at a standard level to serve on juries all across the United States.
There is also a coroner's jury.
Kinda upset you didn’t cover the Batson Rule
This video was great, but given the title "why are there 12 people on a jury" one would think it would suggest a better number.
Is 12 too many people? Too few?
If jury unanimity is important because it helps minorities have a stronger say in the jury, would a larger jury mean more potential for those same minority voices to cause a hung jury or mistrial?
I imagine that this happened because none of the research materials used to make this video contained debates about how many people should be on a jury. But you can always be the first, the first to suggest expanding a jury (for example) to allow minorities more opportunities to air on the side of innocence
a minute in and jury is already starting to sound weird
Louisiana voted and passed the amendment to end 10-2 juries. all crimes that take place on or after Jan 1st, 2019 must be unanimous.
Thank you for dropping this insightful piece of knowledge. I can't wait to be selected for jury duty.
"Origin of everything"
[すべての起源]
Could you produce your show into a Japanese channel on UA-cam?
With a voice actor and subtitles if needed. To branch off your company. I recommend you just doing old ones and updating your information that goes smoother and quicker. To grow your audience.
When you're able to.
If a juror can not understand the language (written and spoken) in which the evidence is presented how can that person determine guilt or innocence properly? Even if evidence is translated, how can it be ensured that something is not misinterpreted or lost in translation? How is it discriminatory to exclude those who cannot understand evidence? This person may find me guilty because of a misunderstanding of evidence. I don't care about this persons full participation as a citizen I care about my freedom. I believe my rights as an accused person on trial out weighs anyones wish to serve on a jury.
If the accused speaks (insert other language) and so does the victim and some of the witnesses, why not hold the court in that language? It's not like america lacks big populations of people speaking another language.
+
Because if you have100, they won't have witnesses or a fair trial...
Why didn't we all learn a third language besides English and German (even though now we aren't taught German anymore).
Now, thanks to "no child left behind", we have a significant number of young adults pushed through the US educational system without ever achieving a third grade comprehension of English much less a foreign language.
I was put in the pool for the federal jury for my area. I could have opted out because I am a senior citizen but felt it was my duty so I fill out the long form. I was never called to serve. I wonder if a reputation of being hard to sway by older people contributed to this. I only know that I was not called and I was happy not to have to leave my house at 6:30 for a period of time.
I'm a Latino, and don't know anyone that uses "Latinx" in real life. Why does the term keep coming up?
I think because they don't want to refer to the person as hispanic, and latinX is gender neutral for latinA or latinO. Kind of weird, considering both people from Africa and Asia are referred to simply as African or Asian. But we cannot simply say latin, since that is more associated Italy, even though they are called LATINo/a from the italian explorers.
That's because they want to score woke points. It's cringe.
Disappointed that this video turned political in the middle, instead of staying with the title. This is click bait at it's finest
I had a feeling she had an agenda!
So...women's "special circumstances" could keep them from serving...yikes.😳
5:44 Occasional members of the jury may speak in colloquial dialects in their private lives, but since there needs to be an efficient, accurate accounting of the arguments in the case,
comprehension of professional American English is a logical default for those determining the facts of the case.
Why is rape so common in our culture?
Finland doesn´t have a jury and inmates have their rights during and after sentence, so they can vote as everybody else.
Love the video as usual, but is "petit" being said wrong - not said the french way but instead peh'-dit with accent on first syllable oooorr maybe it is just a Mid-Atlantic thing
The court system in the u.s. is so broken. There should be professional paid jurors who can be held accountable for their findings.
Why so hung up with the number 12? Took you a lot of time to make your point on this and I can't help but sense you being dismissive that it's inspired by religious tradition.
You remind me of a popular actor celeb named Whoopi Goldberg.
Latinx hate that word.
Do you have Jury with its specific number ; 12 members at the beginning of Christianity?
Answer: No
Do have it after this for instance 1800 years ago? or 1500 years ago?
Answer: No
May be the idea of Jury is about 1000 years ago no more!
Don't you think it may be taken from another religion that " require 12 ordinary people who take oath to declare certain thing with either " positive " or negative"!
That's is in Islam about 1300 years ago.... and is still used till present time.
Why would it make any sense to require unanimous jury votes to convict someone? It doesn't. At that rate that'd effectively mean either almost no one would get convicted, or, the jurors who just want to get it over with and don't wanna be there would opt for the quickest option for them to be done with it, leading to a large majority voting unanimously yes (convict) or no (no conviction). Or am I not entirely understand that part correctly. The way you present it sounds like that's what's being said - that allowing non-unanimous votes shouldn't be allowed, and that only unanimous votes makes sense. If that is what is being said, then that line of thought does not align with logic, at least for me at all, as it'd need a full reversal to be logical haha.
The truth is jury system took from islamic law. In other meaning welsh system took it from islamic countries.
"TL;DR"? No informational medium should use that. It just means the writer/speaker couldn't be bothered to get the facts before forming their opinion and shouting it out to the world-in other words, the definition of being willfully ignorant. Sadly, you clearly didn't read a lot of the history (hint for one part: Vikings). Seriously, Danielle, this is very far below your usually excellent standard. If this becomes a trend, I'll be unsubscribing.
My jury only contained 6 jurors
99% of the time,
don't ever trust that a public deffender is going to actually work for you. He or she works for the system!
He or she assigned to your case does not work for not you!
(orruption in the American criminal court system is more common then most people would like to believe. I took a felony case to trial before and the judge in my case,
( -Judge- -Gail- -Z- -Bardach- )( -superior- -courtroom#6- -hamilton-county- IN )
she added a new charge to my case & she did this after both sides finished there final arguements!
(((So final arguements had allready took place, the trial was over, all that was left,
was for the judge to read jury instructions. Then obviously the jury exited the court room to deliberate & decide innocent or guilty.)))
In the process of reading & explainning jury instructions to the jury for jury deliberation.
She litterately took part of my defense that my lawyer used to prove my innocents and turnt it into a new charge.
I started the trial facing 2 felonies & by the end of trial, just before the jury was to deliberate.
I was facing three felonies.
Every charge that someone faces in a criminal case. Each one has a cause#
So how is the judge adding a new charge to my case during the jury trial not corruption.
especially giving the timing of when she decided to add it.
She added the new charge at the end.
She added it at a time, when there was no chance for me & my lawer to defend my innocents against it, explainning my side of the situation.
Her adding the new charge at anytime during the jury trial would have been criminal malpractice but the fact
that she added a new charge to my case at the end of my trial proceeding. A new charge that had no cause# attached to it. WELL THATS CRIMINAL
The inntensions of that act by the judge,
even though probably not PREMEDITATED before the initial trial proceedings started. WAS CRIMINAL
The intennsions were carefully thought out, it was criminal & unmoral.
the intennsions were Purpossed & intended towards unjustly & wrongfully convicting a citizen. Her intennsions were purposed & intended towards taking away a innocent citizen's freedom & his right to a fair & unbiased trial hearing to prove his innocents.
but speaking of PREMEDITATED
I did find it odd that a bar tender from the very bar that called the law on me in the very case that I was fighting was selected to come in for possible jury duty on my case.
0utta around 330,000 residents of -hamiltoncounty- whats the odds of that happening?
(American_Intermediary)
I Thank God & I THANK MY PEERS, (((the citizens that were on my jury))) because they saw through the judges unjust behavior & her decision to try and trick the jurors. Ultimately finding me to be not guilty of all charges, even the one that she added in at the end of the trial.
Thankyou also to my paid attorney Lawerence M. Hansen !
Without him & instead if I would have had to have had a public defender. I would have been forced to admit guilt to crimes that I didnt commit.
Even though I was not guilty & was found to be not guilty by my peers in that court room sitting on the jury !!!!
THIS IS CORRUPTION THAT HAS GOT TO BE EXPOSED TO THE PUBLIC !
IT NEEDS TO BE ADDRESSED by the legal court system !
( sealed & withheld from the public , TRANSCRIPTS of the jury trial proceedings )
This is an example of corruption that can be proven through evidence. Evidence thats being held and unlawfully seized from the publics view at the -Hamilton County- IN. Court House.
( sealed & withheld from the puclic , TRANSCRIPTS of the jury trial proceedings )
( -judge- -gail- -z- -bardach- -superior- -courtroom#6- -HamiltonCounty- IN. ) She has recently retired from being a judge.
this comment is off topic but just wanted to share it.
( -judge- -gail- -z- -bardach- -superior- -courtroom#6- -HamiltonCounty- IN. ) she has recently retired
( 7/1/2022 ) from being a judge.
-judge- -gail- -z- -bardach- gave a interview to the
The -Noblesville- -Times- on june 22 2022
This is a quote that she gave in that interview
& I quote
"Another thing that has been especially rewarding has been conducting jury trials,
I love interacting with people & letting them see how the system really works.
Jurors often tell me, after our trials, what a positive and educational experience their jury duty has been."
End quote